Brehon Law (Early Irish law)
Brehon Law refers to the ancient legal system that governed early medieval Ireland, primarily spanning from the sixth to the eighth centuries CE. This system was administered by Brehons, the judges responsible for interpreting and enforcing the laws, which were deeply rooted in oral traditions. Brehon Law was characterized by its focus on social hierarchy, where the rights and consequences for unlawful actions were contingent upon an individual's social standing. Each person had an "honor price," which influenced their legal standing and the severity of penalties incurred.
The law was patriarchal in nature, often limiting women's rights, though some provisions allowed for greater independence through divorce and inheritance in certain cases. The system recognized the importance of societal relationships and political alliances, as marriages were typically arranged to strengthen clan ties. The influence of the Catholic Church and subsequent English invasions gradually undermined Brehon Law, leading to its replacement by English common law in the seventeenth century. Despite its decline, Brehon Law remains a subject of interest in modern historical fiction, reflecting its enduring legacy in Irish culture and heritage.
On this Page
Subject Terms
Brehon Law (Early Irish law)
Brehon Law is a set of rules during the medieval period of Irish history. Brehons oversaw all aspects of the early judicial system in Ireland. Brehon is the anglicized version of the ancient Gaelic term brithemain, which means "judge" or "jurist." Although the country was primarily made up of small clans and kingdoms, each kingdom followed these same regulations. In Brehon Law, the rights of the accused depended on his or her social standing; consequences for any unlawful acts depended on the status of the victim.
A mixture of elites, clerics, poets, and professional jurists created, revised, and implemented this set of laws throughout the centuries. The earliest known book of Brehon Law was written between the sixth and eighth centuries, title Senchas már. However, these writings are based on oral traditions passed down from earlier generations. Aspects of Brehon Law can be found in early Irish myths and sagas, leading to the belief that this system was accepted by broad Irish society. English common law replaced Brehon Law in the seventeenth century.
Background
The Senchas már dates back to the sixth and eighth centuries CE and remains the earliest known book of Brehon Law; however, the concept of Brehon Law began far earlier. Certain families of early Ireland studied and practiced being professional jurists at specific schools to assist their understanding of the law. This system of law was patriarchal in most regards.
Social status was the cornerstone of early Irish law. Brehon Law did not consider all citizens equal, and assistance was often predicated on the social standing of those in question. Each citizen had an "honor price," which depended on his or her social standing at the time. This rule restricted people into signing contracts or getting into agreements that cost more than their social worth. The honor price reflected the severity of punishment under Brehon Law: the higher someone's honor, the worse the punishment. Punishments most frequently came as paying a fine, although a wrongdoer could be forced to rescind property, fast, or be the subject of a satirical work.
Brehon Law allowed lower-class clansmen to gain more rights through property and wealth. Rulers of a clan were not chosen hereditarily, although that would provide additional esteem. Any male member of the clan could work to become a chieftain, or king. Neither the chieftain nor the upper class could rent or sell land very frequently; often, they would rent the right for the lower classes to graze cattle on the property. Throughout the evolution of Brehon Law, the kings seized power wherever possible.
Early Irish law did not provide many civil or social rights for women. Women lived under the rule of a man, whether he was a family member, husband, or even adult son. Women only inherited goods and some livestock, but widows could keep their husbands' estates. However, some case studies detailed women becoming independent through monetary gain and timely divorces.
Normally, marriages happened between two families of the same social standing. Upper-class marriages frequently created political ties between clans. A subset of Brehon Law allowed upper-class men to marry more than one woman, so long as the other wives were below the social standing of his first wife. Women had little choice in whom their husbands married.
A man was permitted to beat his wife if he deemed the abuse necessary; however, if he left a mark, the woman was owed her dowry, or bride price, and had the opportunity to file for divorce. The husband or wife could begin divorce proceedings under this system. If the divorce was finalized, the woman received her dowry in full. As the Catholic and Protestant churches became more popular, early Irish law recognized these spaces as legal ways for a clansperson to refute a divorce. Most case records show women utilizing the Catholic and Protestant churches in an effort to keep their husbands, although the rulings were rarely in their favor.
In 1852, Eugene O'Curry and John O'Donovan attempted to translate the books of written Brehon Law from the original Gaelic into English. The initial translation provided a foundation for future works and revisions. However, accurate translations are difficult due to the poor condition of many books and language disparities.
Overview
Brehon Law is the self-imposed legal system among the Irish kingdoms. Brehons, or judges, interpreted and translated the law without having any additional motives for expanding their power. Due to the influence of the Catholic Church, Brehon Law was first transcribed between the sixth and eighth centuries CE by monks.
This system of laws was both patriarchal and patrilineal, although there are some areas of progressivism. Brehon Law can be equated to civil law, as the wrongdoer needed to answer only to the victim or the victim's family. There was little differentiation between criminal and civil law.
Inheritance under early Irish law varied from other systems of law. Legitimate and illegitimate children could inherit property and goods from their father's death. Although a woman rarely inherited land, Brehon Law dictated land is given to the closest male relative.
Brehon Law was continuously undermined by invasions of English troops and church influences. Early Irish law became influenced and changed by church law, including additions to the Law of Wills and the Law of Inheritance. Various English kings set decrees or laws in motion that systematically destroyed the foundation Brehon Law needed to survive. In 1155, Pope Adrian IV issued a decree that formally recognized King Henry II's invasion of Ireland as a just cause. In 1603, King James I issued a proclamation stating that Ireland was part of England and would follow English common law, ending Brehon Law.
In the twenty-first century, historical fiction authors writing about Ireland utilize Brehon Law most frequently. Two notable series are the Sister Fidelma mysteries by Peter Tremayne and the Burren mysteries by Cora Harrison. Both portrayals of early Irish law take many liberties to further plots and make historic Ireland accessible to modern readers.
Bibliography
"Brehon Law: History of the Law from 1691 to the Present." Courts Service Ireland, www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/62421128B249FE9480257FC3005C7C67?opendocument. Accessed 28 June 2017.
"Brehon Law: Medieval Ireland." What-When-How, what-when-how.com/medieval-ireland/brehon-law-medieval-ireland/. Accessed 28 June 2017.
"Development of Brehon Law." Ancient Order of Hibernians: Florida State Board, www.aohflorida.org/development-of-brehon-law/. Accessed 28 June 2017.
Haggerty, Bridget. "Old Days, Old Ways – Brehon Law." Irish Culture and Customs, 4 Mar. 2011, www.irishcultureandcustoms.com/ACustom/BrehonLaw.html. Accessed 28 June 2017.
Higgins, Noelle. "The Lost Legal System: Pre-Common Law Ireland and the Brehon Law." Maynooth University, 29 Nov. 2014, eprints.maynoothuniversity.ie/5663/1/NH-Brehon-Law.pdf. Accessed 28 June 2017.
Hyde, Douglas. "The Brehon Laws." Catholic Encyclopedia, www.newadvent.org/cathen/02753a.htm. Accessed 28 June 2017.
"Ireland before the Plantation: The Legal System." BBC, 18 Sept. 2014, www.bbc.co.uk/history/british/plantation/ireland‗before/ib02.shtml. Accessed 28 June 2017.
"Ireland's Brehon Laws Were Way Ahead of Their Time." IrishCentral, 27 Mar. 2017, www.irishcentral.com/roots/irelands-brehon-laws-were-before-their-time-100680164-237762681. Accessed 28 June 2017.
"Irish History: Marriage under Brehon Law." Daily Kos, 5 May 2014, www.dailykos.com/stories/2014/5/5/1296998/-Irish-History-Marriage-Under-Brehon-Law. Accessed 28 June 2017.